Where evidence before a sentencing court supports the conclusion that an offender's dependent children will suffer exceptional hardship upon incarceration — particularly where the offender is a sole carer and no adequate alternative care is available — the sentencing court must give specific and adequate weight to that consideration. A failure to do so, evidenced by the absence of any specific reference to the children's hardship in sentencing remarks, constitutes appellable error.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
2 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.